I would agree with Michael. My assumption is that you have an attorney since you are talking about getting CMS approval of a MSA (Medicare Set-Aside). If you do, you need to have this conversation with them. If you don't, you need to get an attorney as the MSA can only be used to pay for treatment that Medicare would have paid for. I assume that this is why the doctor is taking him off of the Fentanyl. Bottom line, you should get an attorney as this is not something that you should be doing on your own.
The short answer is that you cannot sue your husband's employer. Since he is still living, he is the only one that can sue his employer in workers' compensation court for medical and wage-loss benefits.
It sounds like your husband is in the process of settling his claim. Once his case is settled, he will no longer have the right to ever come back and sue his employer or their insurance company for additional cash or medical benefits. You should be very sure that you've gotten the best deal possible and that your husband's future medical treatment is covered...because Medicare won't cover some things.
Please make sure you contact an attorney to have a thorough review of your case before you settle. Good Luck!
You certainly do not have to proceed with the Medicare Set Aside if it will not cover an important medication that your huband needs. Throughout the settlement process, you should be represented by an attorney, particularly when Medicare issues are involved
It is unlikely you can sue and be successful. The MSA did not include medication and at that time, it was not an item which had to be included for MSA approval.
I strongly suggest you speak with your doctor about a few options: 1) an alternative lower cost medication;
2) for samples of the patch which some practices give out for free; and/or 3) appealing directly to the drug manufacturer of the patch for th to provide him with the patches due to medical need and inability to pay out of pocket for them. Many manufacturers will help out for 6 months - 1 year.